Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Michael Holly Your Own Question

Michael Holly, Solicitor

Category: Law

Satisfied Customers: 7022

Experience: I have 20 years of experience as a solicitor in litigation and other areas

12609314

Type Your Law Question Here...

Michael Holly is online now

I have been sacked for Gross Misconduct for having banter

This answer was rated:

★★★★★

I have been sacked for Gross Misconduct for having banter with my fiance at the end of our work day 4 statements was taken from other work colleagues and all say that myself and my fiance are always messing about but they have still dissmisted me on the grounds of gross misconduct

Share this conversation

Customer:replied 4 months ago.

Never been warned about my conduct before. Or messing around or having a joke with my fiance

1 year and 6 month I have worked there for. It was caught on cctv. No complaints were made. Only someone was watching the cameras back from the office and noticed it. My fiance has given a statement saying it's was purely a joke. Other statements also back up my fiances response to the allogation. To back up my side of the story but they're still going on gross misconduct. Is this right? I have only 5 days to put my appeal in. If any what grounds would I have?Thanks

You should appeal on the basis that the penalty of dismissal for gross misconduct is excessive given that you have never been disciplined for anything before.

Also it was your girlfriend who knows you rather than a complete stranger with whom whatever you did may be seen differently.

You should also point out that everyone else seems to have accepted it was a joke even if it might have been a bad one. As such it was a miscalculation on your part and not malicious, you deserve a second chance.

If there are any further points please reply I will be happy to respond.

kindly accept or rate my answer on the system so I get credit for my time.

On the Cctv it dose look worse then what it was but I thought that gathering statements was to try and justify what they had seen but the statements say we are always messing about that's what myself and my fiance are like. Can they dismiss the statements and just go on what they have seen in CCTV and if so can they still sack me for Gross Misconduct

Direct evidence from people should be given more weight than the CCTV film because film can give a distorted view.

The question is even if they accept the statements can they dismiss you for mucking about and the answer to that is that it would be too harsh as you have never been warned about your behaviour.

You need to use the appeal process. If they do dismiss, you cannot claim unfair dismissal as you have not been there for 2 years or more but you could claim wrongful dismissal for the monies you would have received during your notice period under the contract.

could you give me any advise as how to represent an appeal? I have 5 days from yesterday to write one up. Could you give me some Bullet points that I could put in or some wording I could use in my appeal? As I strongly agree I deserve a second chance. I have mucked about but I am also innocent and they're just judging on what they have seen on CCTV.

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.

Solicitors are Online Now

Type Your Law Question Here...

characters left:

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.